When a Parent Fails to Follow the Parenting Plan

In a divorce or family law case in Colorado when minor children are involved, one of the goals of the case is to arrive at a parenting plan which contains a parenting schedule, orders pertaining to decision-making, orders pertaining to support, and all the other necessary provisions to establish the parents’ rights and obligations regarding their children.  Many parenting plans contain similar provisions, but they are often tailored to the specific needs of the parties of the particular case.

Sometimes, a parent does not comply with the terms of the parenting plan, and the other parent needs to decide how to handle the situation.  The parent may have a lot of options for how to proceed, and those options may be limited or otherwise affected by the terms of the parenting plan itself.  Often times, a parent may choose to get the court involved for enforcement purposes.  Sometimes, law enforcement can enforce a parenting plan violation without any additional involvement from the court system.  Perhaps both of these options are available to a parent, but the circumstances of the case are such that it is better to try and work things out between the parties.

A parenting plan, when approved by a court in a divorce or family law case in Colorado, is a court order that must be followed.  Any failure to abide the terms of a court order can be enforced with the contempt of court process.  There are additional avenues that a party in a case can use to enforce a parenting order, which can lead to sanctions against the other party, which may be severe, depending on the facts of the case.

If you are involved in a family law case in which the other party has violated the terms of the parenting plan, you may have several options on how to proceed.  There can be a lot of pros and cons to each of your options, and an attorney can help evaluate your situation to determine the best course of action.  It could be a situation where something should be done immediately.  If you have a question about your situation, do not hesitate to contact our office to discuss the case further.

 

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